Private Law
Mehdi Zahedi; Sara Solhchi
Abstract
In contemporary intellectual property law, literary and artistic property rights extend beyond mere movies or literary works to encompass the fictional characters integral to these creative endeavors. This legal support not only serves to inspire creators but also to safeguard their imaginative achievements. ...
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In contemporary intellectual property law, literary and artistic property rights extend beyond mere movies or literary works to encompass the fictional characters integral to these creative endeavors. This legal support not only serves to inspire creators but also to safeguard their imaginative achievements. Among these creations, fictional characters hold a profound influence over our daily lives and entertainment pursuits, spanning various media such as movies, books, and computer programs. Iconic figures like Sherlock Holmes, Batman, and Superman exemplify the significant fictional characters that have received such protection. Given the vast diversity of fictional characters, it becomes imperative to secure the rights of their creators, thereby fostering the necessary motivation for their ongoing creativity. Consequently, the principal objective of this article is to delve into the mechanisms by which fictional characters are safeguarded within the framework of literary and artistic property rights. Specifically, the article seeks to address whether it is feasible to independently protect these characters within this legal structure.
To achieve this goal, a descriptive-analytical methodology is employed, drawing upon court jurisprudence, particularly in the United States, to elucidate the legal underpinnings and delineate the elements, possibilities, and criteria for protecting fictional characters. Central to this examination are discussions on the concept of fictional characters, methodologies for protection, criteria for identifying infringements, proprietary rights, and protected elements. Moreover, it is important to note that data collection for this article follows a documentary and library-based approach. Utilizing the library method, a cornerstone of scientific research, ensures a comprehensive exploration of existing literature and resources. Through this methodological framework, data is systematically gathered and analyzed using a descriptive-analytical lens. The article concludes that fictional characters can indeed be independently supported, distinct from the larger artistic work. These characters are defined as "abstractions eliciting a response in the mind of the reader or viewer through written or spoken words." Consequently, certain guiding principles must be observed in supporting fictional characters, notably the principle of " idea-expression dichotomy." In the realm of works in in Literary and Artistic Property Law System, protection extends to the tangible expression of the work, rather than the underlying ideas. The work is defined as "the expression of creative and original literary and artistic thoughts of the creator that has been established in the outside world." Additionally, authenticity and fixation conditions are pivotal for support, ensuring the character's origin from the creator and its objective manifestation. Further examination focuses on tests designed to assess potential violations of fictional character rights, such as the " Distinct Delineation Test," the " Story being told test,” And the "three-part test." These tests evaluate elements such as physical appearance, identity, evolution, and narrative significance. Ultimately, an analysis of relevant cases demonstrates that courts recognize the possibility of independently protecting fictional characters, provided they exhibit originality and developed expression. The application of such tests within judicial procedures serves to bolster creator motivation, stimulate creative endeavors, and attract investment in cultural and artistic domains, alongside other cultural and social pursuits
Mehdi Zahedi; Ebrahim Chavoshi Lahrood
Abstract
The legal status of intellectual things has three different time periods from the time of creation to the beginning of the period of protection and after that. The status of intellectual things in terms of property from the time of creation until they fall under the protective umbrella of intellectual ...
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The legal status of intellectual things has three different time periods from the time of creation to the beginning of the period of protection and after that. The status of intellectual things in terms of property from the time of creation until they fall under the protective umbrella of intellectual property rights and after the expiration of the protection period, as well as what economic rights have intellectual things outside the scope of intellectual property rights, is the subject of this article. To answer this question, with a descriptive-analytical method and based on library studies, the legal status of intellectual things was investigated in two periods before and after the protection and the effect of real and contractual monopoly on mentioned things and concluded that things As long as they are under the customary dominion of the creator, are considered property and belong to the creator, and after the period of protection, they are not in the public ownership of the society of a country but are considered a part of the common heritage of humanity, that is not limited to the territorial borders of countries, and no private, governmental, or public persons have the right to own and create a monopoly whether real, legal, or contractual over it.
mehdi zahedi; Shirin Sharifzadeh Tadi
Abstract
Originality is an essential requirement for the copyrightability of any artistic and literary work. Creative works are afforded copyright protection only if they are original. Originality has yet to be defined by international or national laws including Iranian Laws. The judicial interpretation of national ...
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Originality is an essential requirement for the copyrightability of any artistic and literary work. Creative works are afforded copyright protection only if they are original. Originality has yet to be defined by international or national laws including Iranian Laws. The judicial interpretation of national laws also differ from one another and there is no consensus on the concept of Originality. Under traditional approach, Originality is often referred as to "labor and effort" or "self expression " of the author, whereas the more approach is that of "creativity " and exercise of "skill and judgment ". However, all legal systems recognize that the work must be independent and not copied from another work.The main question of this Article is which approach can strike a balance between author’s rights and public interest to cheap and easy access to artistic works. This article will examine originality under different jurisdictions and concludes the Canadian definition is the more appropriate approach to the said question. Finally, it suggests that the Iranian legislature shall replace the term “creativity” with “skill and judgment” in 14 of article 1 of the copyright bill.
Zahra Mahmoodi Kordi; Mehdi Zahedi; Seyyedeh Atefeh Ghadirinezhad
Abstract
With expansion of transactional commercial arbitrations in the 20th century, the Theory of ‘Transactional Commercial Law’ presented by lawyers such as Gladman and Schmitthoff. This theory was based on the claim that there is a third Legal system along with public international law system ...
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With expansion of transactional commercial arbitrations in the 20th century, the Theory of ‘Transactional Commercial Law’ presented by lawyers such as Gladman and Schmitthoff. This theory was based on the claim that there is a third Legal system along with public international law system and national law system in order to adjust transnational commercial relations. There is no consensus in legal doctrine about the sense, nature and other issues about transnational commercial law and there are ambiguities in studying it. Considering the history of transnational commercial rules, some authors consider this new legal system equivalent to Lex Mercatoria whereas Lex Mercatoria has never had a fixed sense and has developed over time. This article is a desk research and descriptive-analytical research. It studies and assesses the evolution process of Lex Mercatoria and also clarifies the relationship between Lex Mercatoria and Transnational Commercial Law and finally, this study concludes that it is not possible to define pure Lex Mercatoria, i.e without specifying characteristic such as classical, modern, and post-modern, as the synonym of pure Transnational Commercial Law (including broadest sense and Proper sense).
